When Is The Soonest That I Could Receive Divorced Spousal Benefits?

Jan 23 2017 - 7:00am

I am going to be 52 on July 9 this year . Was married in 1991 for 11 years 9 months divorced in 2003. M ex-husband was born on April 1967.

Due to my diagnosis back in 1991 of M.S. i filed for long term disability in 2003, 2003 was a rough year to say the least!!
My question, can I file against my ex-husbands Social Security, if so when is the soonest can I file against it!

He is still working to my knowledge!

Patiently and eagerly await your prompt reply!


Hi Marti,

I'm sorry to hear about your diagnosis.

You must be at least age 62 to qualify for divorced spousal benefits, and your ex-husband must be at least age 62 or drawing Social Security disability benefits in order for you to qualify for benefits on his record. So, you probably won't be eligible for divorced spousal benefits until April or May of 2029.

However, if your ex-husband dies before you, you could potentially become eligible for surviving divorced spousal benefits immediately, since you are already over age 50 and disabled (https://www.ssa.gov/planners/disability/dqualify9.html).

Best, Jerry